Would this be considered a contract???

Question

On 4 August, Sam posted two offers to two different people to sell a car. Both offers were delivered on the same day. Neil replied, accepting the offer on the same day. Julien, with whom he had been negotiating, also replied, accepting the offer on the same day. Both acceptances reached the defendant by the same post. Sam treated himself as bound only to Neil and completed the sale with him. Julien wishes to sue for damages for breach of contract. Can he? What would be the result?

Answer 1

That you get busted by your professor for cheating.

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Edit, to add alternative result: that you take the one of the answers below and get misinformed.

Consideration need not be in the form of payment.

Damages are not relevant to a determination of whether there has been contract formation.

Offer, acceptance, consideration, defenses to contract. That's all you examine.

Answer 2

Tis extremely doubtful to this mind that Julien could satisfactorily demonstrate damages to a tryer of fact. Assuming he was in a position to pay for the intended purchase when he uttered the acceptance, Julien still has his money. Should Julien quixotically cross the rubicon and file against Sam, I would advise Sam to audit Julien's finances to see if he ever really did have the capacity to accept.

If I were sitting on the case, I'd say there never really was a contract at that stage. Sam only had enough goods on hand to service one customer. If I could not dismiss with prejudice, I would find for Sam, awarding him costs, expenses, and an appropriate penalty for frivolous litigation.

Answer 3

There is no contract. For a contract to be valid there has to be consideration, which means a payment has to be made.